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MATTER OF FERGUSON v. DINAPOLI

517222

114 A.D.3d 1015 (2014)

980 N.Y.S.2d 177

2014 NY Slip Op 923

In the Matter of REGINALD FERGUSON, Petitioner, v. THOMAS P. DINAPOLI, as New York State Comptroller, et al., Respondents.

Appellate Division of the Supreme Court of New York, Third Department.

Decided February 13, 2014.

Stein, J.

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of Supreme Court, entered in Albany County) to review a determination of respondent Comptroller which denied petitioner's application for performance of duty disability retirement benefits.

Petitioner, a correction officer, applied for performance of duty disability retirement benefits based on, among other things, heart disease and back, arm and leg injuries. His application...

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